Terms and conditions of use

1. General

1.1. Services provided by the Translating and Interpreting Service (“TIS National”), and your use of this website, are subject to the terms and conditions set out below, any terms and conditions that appear in, are referred to, or are linked to by these terms and conditions, and any additional or supplementary terms and conditions you agree to when making a booking (“Terms”). Subject to clause 1.2 below, in the event of any inconsistency or conflict, the terms and conditions set out below prevail.

1.2. If you have separately entered into a written arrangement with TIS National for the supply of interpreting services, the terms of that arrangement prevail to the extent of any inconsistency or conflict with the Terms.

1.3. If you do not accept these Terms, you must refrain from using the website or any services provided by TIS National.

1.4. The Commonwealth of Australia, as represented by the Department of Home Affairs ABN 33 380 054 835 of 6 Chan Street, Belconnen ACT 2617 or its successor (“us”, “our”, “we”, “the Department” or the “Commonwealth”) is the administrator of TIS National and the website and services provided by TIS National. References in these Terms to TIS National are references to the Department.

2. Definitions and Interpretation

2.1. In these Terms, unless the contrary intention appears:

“Account” means the account created once you have registered as a user with TIS National, sometimes referred to as a TIS Online account or a TIS National account.

“you” or “user” means anyone who visits and/or uses the website or services provided by TIS National including agencies, organisations, interpreters and individuals.

2.2. In these Terms, the following rules of interpretation apply:

a. the singular includes the plural and vice versa, and a gender includes other genders;

b. another grammatical form of a defined word or expression has a corresponding meaning;

c. a reference to a document, publication, Commonwealth policy or instrument is a reference to the document, publication, Commonwealth policy or instrument as altered, supplemented or replaced from time to time;

d. a reference to A$, $A, AUD, dollar or $ is to Australian currency unless stated otherwise;

e. a reference to time is to the time in the place where the obligation is to be performed or, to the extent that there is any uncertainty, to the time in the Australian Capital Territory;

f. a reference to a party includes the party's executors, administrators, successors and permitted assigns and substitutes;

g. a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;

h. a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;

i. the meaning of general words is not limited by specific examples introduced by "including", "for example" or similar expressions;

j. any agreement, representation, warranty or indemnity by two or more parties (including where two or more persons are included in the same defined term) binds them jointly and severally;

k. any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally;

l. a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Terms or any related documents (including any additional or supplementary terms and conditions that apply to your use of TIS National Services);

m. if a day on or by which an obligation must be performed or an event must occur is not a business day in the relevant location, the obligation must be performed or the event must occur on or by the next business day in that location; and

n. headings are for ease of reference only and do not affect interpretation.

2.3. If the user is a trustee, the user accepts the Terms personally and in its capacity as trustee and warrants that it has the power to perform its obligations under the Terms.

3. User Agreement

3.1. By:

a. accessing and/or using the website; and/or

b. making a booking for, accessing and/or using any TIS National Services,

you acknowledge and agree that:

c. you have had the opportunity to read and seek independent advice regarding the Terms and your obligations under them; and

d. you will be bound by these Terms, as applicable to your website use and/or use of TIS National Services.

3.2. You acknowledge and agree that a separate contract is formed between us and you on each occasion you make a booking for TIS National Services, in respect of the TIS National Services you have booked, on the terms and conditions that applied at such time.

3.4. You may be notified of additional terms and conditions when you make a booking for TIS National Services. If you are notified of additional terms and conditions at the time you make a booking, your use of the TIS National Services you make a booking for is also subject to those additional terms and conditions.

3.5. These Terms (including the Terms and conditions for bookings and services and the Cancellation policy) may be amended at any time without notice, except in respect of any TIS National Services for which you have already made a booking.

3.6. Where you have already made a booking for TIS National Services, the Terms (including the Terms and conditions for cookings and services and the Cancellation policy) that were in force at the time you made the booking will apply, subject to any variations to the service charges permitted thereunder.

3.7. If you make a booking to use TIS National Services following any amendment of these Terms (including any additional or supplementary terms that apply when making a booking), that booking represents your acknowledgment and agreement to be bound by the amended Terms in respect of your use of any such TIS National Services. We recommend you review the Terms (including any additional or supplementary terms that apply when making a booking) for amendments before making a booking for TIS National Services.

4. Legal Capacity

4.1. You must be eighteen (18) years of age or over to access or use any TIS National Services.

4.2. Any booking made by you (through the website or otherwise) or use of any TIS National Services is a representation and warranty by you that you are over the age of eighteen (18) years. TIS National will only provide TIS National Services on the basis that this representation and warranty is correct.

5. Obligations of User

5.1. You are responsible for any use of your Account and the management of passwords, including any use by agents who are invited to use an Account on your behalf.

5.2. You must not access or link to or seek to access or link to any other person’s Account.

5.3. You are solely responsible for the contents of material provided. This includes, but is not limited to material provided for databases, translation and interpreting.

5.4. You assume all risks associated with use of the website and TIS National Services, including:

a. except where a result of TIS National’s negligent act or omission, risk of your computer, software or data being damaged by any virus which might be transmitted or activated via the website or your access to it or TIS National Services; or

b. the risk that the content of this website and linked websites complies with the laws of any country.

5.5. You agree:

a. that all material, information and other types of data submitted to us will be, to the best of your knowledge, true and complete. If you are submitting information using the website or TIS Online and you do not wish to provide the details of the non-English speaking client, you must enter the job as “Confidential”;

b. to provide certain, current, complete, and accurate information about you as prompted to do so by the website or any TIS National Service. If you are an agency and do not wish to provide your name for the purposes of a job, please use an alias;

c. not to permit any other unauthorised person to use your Account or TIS Online login details to update your information or modify bookings;

e. to notify us of any change in your email address or contact details;

f. to supply document(s) and other materials requested by us;

g. to notify us of any errors in a booking or in your representations and warranties;

h. to cooperate with any reasonable requests in connection with TIS National's delivery of TIS National Services or notification to the intended recipient of the TIS National Services;

i. to use the website and TIS National Services only for lawful purposes and in a manner that does not infringe the rights or restrict or inhibit the use and enjoyment of the website or TIS National services by any third party;

j. to refrain from publishing defamatory or offensive comments in free text fields. If you are found to be entering defamatory or offensive comments into the website you may have your Account locked, suspended or terminated;

k. to comply with all relevant legislation of the Commonwealth and of all applicable States, Territories and local authorities in using the website and TIS National Services, in particular:

i. Crimes Act 1914 (Cth);

ii. Racial Discrimination Act 1975 (Cth);

iii. Sex Discrimination Act 1984 (Cth);

iv. Disability Discrimination Act 1992 (Cth); and

v. Equal Opportunity for Women in the Workplace Act 1999 (Cth); and

l. that unauthorised use of this website could result in criminal prosecution.

6. Suspension or termination of your Account

6.1. The Department, acting reasonably, may lock, suspend or terminate your Account(s) at any time. This includes, without limitation, where:

a. you breach any provision of these Terms;

b. you fail to pay any amounts you owe to the Department by the due date for such payment;

c. in the Department’s reasonable opinion, you misuse the website, TIS Online, your Account or your client code; or

d. your Account is inactive or dormant.

7. Information that you provide to us

7.1. When you submit information on the website or through any TIS National Services, you grant the Department the license to publish, transmit or otherwise use that content in any way, now and in the future.

7.2. The Department reserves the right not to publish the content you submit.

7.3. You represent and warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law.

7.4. You waive any moral rights to the content that you provide to the Department in accordance with these Terms.

7.5. By agreeing to these Terms, you consent to the Department’s use of your personal information for the purposes of supplying TIS National Services. You can obtain more information about the way in which the Department will manage your personal information by accessing our detailed privacy statement.

8. Nature of Relationship

8.1. Nothing in the Terms shall be construed to place the Department and you in a relationship of partner, principal and agent or as entering into a joint venture.

8.2. For avoidance of doubt, TIS National’s interpreters are subcontractors of the Department and they are not officers, employees, partners or agents of the Department.

9. Copyright

9.1. Terms and conditions regarding the copyright of the content on this website are located in our copyright notice.

9.2. By using our website or TIS National Services, you agree to the terms and conditions of our copyright notice.

10. Disclaimer

10.1. You expressly agree that use of the website or TIS National services is at your sole risk.

10.2. No advice or information, whether oral or written, obtained by you from the Department or through TIS National Services shall create any warranty or representation not expressly made herein.

10.3. To the extent permitted by law, and except as expressly made herein, the Department expressly disclaims all warranties of any kind, whether expressed or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

10.4. The Department makes no representation or warranty:

a. that the website or TIS National services will meet your requirements, or that access to and use of the website or TIS National services will be uninterrupted, timely, secure, or error free;

b. as to the results that may be obtained from the use of TIS National Services or as to the accuracy or reliability of any information obtained through TIS National Services;

c. as to the quality of interpreting services that may be obtained from the use of the website or TIS National Services;

d. that information and services provided on the website do not infringe the intellectual property rights or any other rights of any person and the Department does not authorise or accept responsibility for the reproduction of any material on the website;

e. that the content of the website complies with the laws of any country;

f. that the material or any information provided on the website or any linked website will not cause damage, or is free from any computer virus or any other defects or errors;

g. as to the suitability of the website or TIS National Services for any purpose; and

h. as to the suitability of the information accessible for viewing by minors or any other person.

10.5. The Department accepts no responsibility for the completeness or accuracy of any of the information contained on or accessed through this website and makes no representations or warranties about its suitability for any particular purpose.

10.6. The Department will use all reasonable efforts to ensure that the information on the website is accurate and comprehensive. However, the information is only intended as a basic guide to relevant laws, and does not address the complexities of particular circumstances. You should seek independent advice about your individual circumstances.

10.7. To the extent permitted by law, the Department excludes all liability to you or anyone else for any loss (including consequential loss, indirect loss and loss of any profits), injury or damage of any kind (however caused or arising) relating in any way to the website and TIS National Services including, but not limited to, loss, injury or damage you might suffer as a result of:

a. the use of, or reliance on, the information contained on or accessed through this website whether or not caused by any negligence on the part of the Department or its agents;

b. your use of or access to the website or TIS National Services or your inability to access the website or TIS National Services.

c. any interruption or cessation of transmission to or from the website including a failure to receive an Electronic Instruction for whatever reason;

d. any unauthorised access to or use of the website’s secure servers;

e. any interference with or damage to your computer system, software or data occurring in connection with or relating to the website or use of TIS National Services including in relation to any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party;

f. the quality or fitness for any purpose of any linked sites;

g. the risk that the content of the website and linked web sites complies with the laws of any country outside Australia; or

h. any delay in the Department performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, unavailability of interpreters, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries, severe weather event, natural disaster or other act of God,

except to the extent caused by the Department’s default or negligent act or omission.

10.8. Notwithstanding any other provision of these Terms and to the extent permitted by law, the Department’s liability to the Account holder and any user of TIS National Services is limited to the amount actually received by the Department from the Account holder and/or user in payment for TIS National Services.

10.9. The Department makes every effort to ensure that links on the website are kept up-to-date. The currency of the links is dependent upon the owners of those sites letting us know of any changes. If you find a link that does not work, please contact us by telephone or via the online feedback form on the website.

10.10. The Department has no direct control over the content of linked third party websites and does not endorse or accept responsibility for any linked third party websites or its content or for any loss or inconvenience arising from use of a linked third party website or its content.

10.11. Information or materials which are offensive, pornographic, unsuitable for minors' access or otherwise of a criminal or violent nature may be accessible through this website either as a result of hacking or material placed on linked websites.

10.12. You agree that your use of the website and TIS National Services will be logged for the purpose of security and usage monitoring. For further information refer to the website's privacy statement.

11. Indemnity

11.1. You must at all times indemnify, and keep indemnified, the Department including its directors, officers, employees, agents and other representatives (“those indemnified”) from and against any:

a. cost or liability incurred by those indemnified;

b. loss of or damage to property of those indemnified or any other person;

c. loss incurred in dealing with any claim against those indemnified including legal costs and expenses on a solicitor/own client basis and the cost of time spent, resources used or disbursements paid by those indemnified; or

d. the personal injury or death of any person,

arising from:

e. any negligent, reckless, or fraudulent act or omission by you, your affiliates, representatives or agents in connection with your or their use of the website or TIS National Services;

f. any breach by you, your affiliates, representatives or your agents (or any person you have authorised or permitted to use your Account or receive TIS National Services) of any provision of the Terms (and any additional or supplementary terms you agree to at the time you make a booking for TIS National Services);

g. any unauthorised use or disclosure by you, your affiliates, representatives or your agents of personal information (as defined in the Privacy Act 1988 (Cth)) held or controlled in connection with the Terms; or

h. the use by those indemnified of any information provided by you, your affiliates, representatives or agents (including in respect of any infringement of intellectual property rights in that information), irrespective of whether there was fault on the part of the person whose conduct gave rise to that liability or loss.

11.2. Without limiting clause 11.1, if you request that TIS National provide a specific interpreter to fulfil your booking contrary to TIS National’s Interpreter Allocation Policy and TIS National agrees to that request, you agree:

a. that the Commonwealth has no liability associated with the appointment of the requested interpreter;

b. not to start any proceedings against the Commonwealth and if you do, the Commonwealth can rely on this clause 11.2 as evidence of your agreement not to start proceedings;

c. that the indemnity in clause 11 extends to all proceedings, claims, demands, losses and detriment of any nature that may be brought or made against the Commonwealth associated with the appointment of the requested interpreter; and

d. to release and forever discharge the Commonwealth from all proceedings, claims, demands, losses and detriment of any nature, whether in tort or contract, which you have or may at any time have against the Commonwealth associated with the appointment of the requested interpreter.

11.3. Your liability to indemnify the Department will be reduced proportionately to the extent that any breach of the Terms by the Department or any act or omission involving fault on the part of the Department contributed to the relevant liability or loss.

11.4. The right to be indemnified is in addition to, and not exclusive of, any other right, power or remedy provided by law.

12. Privacy

12.1. Your personal information is protected by law, including the Privacy Act 1988 (Cth), and is collected by us to establish and administer the website including, your Account and profile.

12.2. Your information may be used by us or given to other parties for the intended purpose of providing you with TIS National Services, where you have agreed or it is required or authorised by law.

12.3. You acknowledge and agree to our privacy statement available at privacy statement.

13. Communications

13.1. Users registered with Accounts agree to receive email and SMS notifications from time to time in relation to their bookings. User preferences may be tailored in the TIS Online profile.

13.2. Interpreters agree to receive email and/or SMS notifications about their upcoming or potential bookings. If you have not received an email notification as expected check your spam folders and ensure we are added to your trusted senders list.

13.3. Do not reply to emails received from noreply@TISNational.gov.au. This is an unsupervised inbox and any notifications received here will not be deemed accepted by TIS National.

13.4. If you receive an SMS from TIS National No Reply, do not reply back. This is an unsupervised account and any notifications received here will not be deemed accepted by TIS National.

13.5. We will, from time to time, provide information about changes to services via the TIS National website. You must refer to the website for any general information and communications that may impact on the delivery of TIS National Services.

13.6. If you have subscribed to receive e-communications you may receive news items and information about service changes via email. You may unsubscribe at any time.

14. Security

14.1. The Department will make all reasonable efforts to ensure your information is secure, accurately recorded and not corrupted or changed.

14.2. The Department is responsible for the security of your information while it is collected by, stored on or passing through TIS National systems.

14.3. Other agencies are responsible for the security of your information while it is collected by, stored on or passing through systems within their control.

15. Recordings

15.1. Interpreting services are provided for the immediate use of the listeners only. No recordings are permitted whilst interpreting services are being delivered without prior written approval by us. TIS National reserves the right to record interpreting services for training and quality assurance purposes, subject to complying with its obligations under clause 12 above.

16. Severability

16.1. If any part of these Terms are found to be void, invalid, unlawful or unenforceable then that provision or part thereof will be deemed to be severed from these Terms and the remaining terms and provisions of these Terms will remain in force and constitute the Agreement between you and the Department.

17. Waiver

17.1. The failure by the Department to exercise or enforce any right or provision under these Terms will not constitute a waiver of such right or provision. Any waiver of any rights or provisions under these Terms will only be effective if it is in writing and signed by us.

18. Termination

18.1. Should you object to the Terms or any subsequent modifications to the Terms or become dissatisfied with TIS National Services in any way, you agree to refrain from making a booking for any further TIS National Services. Ceasing to make further bookings will not affect any previous or existing contract in place between you and the Department.

19. Governing Law

19.1. These Terms will be governed by and interpreted in accordance with the laws of the Australian Capital Territory and you irrevocably submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory.

19.2. Without limiting clause 19.1, if you access the website in a jurisdiction other than Australian Capital Territory, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.

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